Karnataka

Kolar

CC/32/2016

Sri.B.C.Paramesh - Complainant(s)

Versus

M/s.L& T General Insurance Company Limited - Opp.Party(s)

06 Aug 2016

ORDER

Date of Filing: 07/05/2016

Date of Order: 06/08/2016

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 06^TH DAY OF AUGUST 2016

PRESENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

SMT. A.C. LALITHA, BAL., LLB         ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 32 OF 2016

Sri. B.C.Paramesh,

S/o. B.Chikkavenkatappa,

Door No.183, Opp. Palarnagar,

3^rd Cross, BEML Nagar Post,

KGF-563 115.

Kolar District.

 

(In-person)                                                    ….  Complainant.

 

- V/s -

M/s. L & T General Insurance

Company Limited,

L & T House, N.M. Marg,

Ballard Estate,

Mumbai-400 001.

(Rep by sri. B.Kumar, Advocate)                       …. Opposite Party.

-: ORDER:-

BY SMT. A.C. LALITHA, LADY MEMBER:

01.   The complainant having submitted this complaint through courier (since submitted in-person, taken read as Under Section 12 of the Consumer Protection Act, 1986, which shall be referred to hereafter in short, as “the act”) has sought issuance of directions to the OP to award claim and reimbursement of actual expenditure of Rs.15,728/- incurred towards damage & repair of his car.

 

02.   The facts in brief:-

(a)    It is contention of the complainant that, being owner of Swift D’zire VDI car bearing registration No. KA-05-MH6629, which has bearing L & T Insurance policy No.915101005221560000.  And that in the said policy his address was changed and name was not changed even after submission of required documents and payment of insurance premium on 29.05.2015 and thus negligence on part of OP. 

 

(b)    Further it is contended that, due to delay and negligence of OP transfer of policy to his name, the claim of Rs.15,728/- for damages and repairs of his car bearing No. KA-05-MH-6629 (SWIFT D’ZIRE) was rejected by OP over phone.  And even after submission of required documents for transfer of name in the policy, the OP has not rendered its service and thus deficient in service.  So contending, the complainant has come up with this complaint seeking the above set-out releifs.

 

03.   Along with the complaint the complainant has submitted the following documents:-

(i) L & T vehicle insurance policy original policy No.915101005221560000.

(ii) Letter dated: 27.08.2015 addressed to Manager, L & T General Insurance, Bangalore.

(iii) Letter dated: 26.10.2016 addressed to Manager, L & T General Insurance, Bangalore.

(iv)     Letter dated: 14.01.2016 addressed to L & T General Insurance, Bangalore.

(v)      Xerox copy of RC bearing registration No: KA-05 MH 6629 stands in the name of Giridhar.D.

(vi)     Xerox copy of RC bearing registration No. KA-05 MH 6629 stands in the name of Paramesh B.C.

(vii)  Xerox copy of driving license

(viii)   Reply letter dated: 27.08.2015.

(ix)     Reply letter dated: 26.10.2015

(x)      Tax invoice of M/s. Mandovi Motors Pvt. Ltd., Kolar dated: 19.01.2016.

 

04.   In response to the notice issued with regard to the case on hand, OP has put in appearance through its said learned counsel and submitted written version resisting the claim of the complainant in toto.

 

(a)    By denying averments of the complaint, OP admits that, the policy bearing No.915101005221560000, was issued in favour of Mr. Giridhar D, # 183, Opp. Palarnagar, 3^rd Cross, BEML Nagar, KGF, for Maruthi Swift D’zire VDI bearing registration No. KA-05-MH-6629, Engine No.D13A1396941 and Chassis No. MA3FSEB1500256828, for the period from 27.05.2015 to 26.05.2016.

 

(b)    It is specifically contends that, this complaint is not comes under the purview of the Consumer Protection Act and prays for dismissal of the complaint.  It contends that, the complainant had never given any information about the said contended accidental claims.

 

(c)    It is specifically contends that, there is no transfer of policy of insurance in favour of the complainant and that the certificate of registration has been changed in the name of the complainant on 15.06.2015, the complainant had not moved for change of policy of insurance in his name prior to loss as contemplated under the Motor Vehicles Act.

 

(d)    Further it is contended that, the complainant had not submitted the updated certificate of registration copy and proposal form for transfer of ownership in policy records.  And thus there is no contract between the complainant and OP.  So contending, dismissal of the complaint has been sought for lack of jurisdiction and cause of action.

 

05.   As per the proceedings noted in the order-sheet dated: 12.07.2016 evidence of complainant was taken as not filed.  And on 26.07.2016 the learned counsel appearing for OP submitted that, he had no evidence to lead.  Hence the case was posted for written arguments, though opportunity has been given both parties have not submitted their written arguments, hence the case was posted for oral arguments.  It is worth to note that since the date of filing the complainant is unmindful, in the sense he is continually absent.

 

06.   On 06.08.2016 heard the oral arguments as advanced by the learned counsel appearing for OP.

 

07.   Therefore the only point that does arise for our consideration in this case is:-

“Whether this Forum has jurisdiction to entertain the complaint?”

 

08.   Finding of this District Forum on the above stated point is in the Negative for the following :-

 

REASONS

09.   It is worth to note that, it is contention of the complainant that, even after submission of necessary documents to OP for transfer of the said policy to his name, and claim of the damages in respect of the said car was rejected by OP over phone.  It is also a definite case of OP that, the complainant had never been applied for change of the said insurance policy to his name prior to the loss as alleged. 

 

10.   It is clear admission by the complainant that the said policy is not stands in his name prior to the claim of the said car accident as contended.  If so, when there is no contract between him and OP, how he would become consumer?  Hence we hold that, this Forum has no jurisdiction to entertain the complaint on hand. 

 

11.   This complaint is not restricted pin-pointing about the deficiency in service committed by this OP in claiming of the said damages of the car, the complainant besides making allegation that, the OP had delayed and rendered negligence in transferring of the said policy to his name, the other contentions which are raised by this complainant is inseparable from the contended cause of claiming of the damages.

 

12.   We are to observe that, if at all the complainant is desirous of getting the benefits to claim damages on account of the said accident of the said car, he shall be entitled to do so only after effective transfer of the said policy to his name and not otherwise. 

 

13.   Unless and until the said policy transferred to the name of the complainant, there cannot be any inference that this OP had guilty of negligence.  And even otherwise scope for claiming compensation in such event shall not be before this Forum, as this Forum lacks jurisdiction as per the provisions of the Consumer Protection Act, 1986.

 

14.   In any way the claim for compensation against this OP is not merely for repudiation of his claim for damages of the said car contended but with deeply intermingled causes with regard to the change of his name in the said policy. 

15.   In conclusion we affirm and reaffirm that on account of insist of adjudication of this intermingled causes along with the contended cause of claim, as this Forum lacks jurisdiction to adjudicate the complaint with such issues.  It has become necessary on our part to direct the complainant to approach the appropriate authority.  Hence we proceed to pass the following:-

ORDER

(01)  For foregoing reasons the present complaint stands dismissed.

(02)  Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 06^th DAY OF AUGUST 2016)

 

 

 

LADY MEMBER                                 MEMBER